Mills v. Colvin
Kiernan Mills |
Acting Commissioner Carloyn W Colvin |
1:2015cv05502 |
September 22, 2015 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Dora Lizette Irizarry |
Social Security: DIWC/DIWW |
42 U.S.C. ยง 402 Social Security Benefits |
None |
Available Case Documents
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Filing 30 ORDER re 24 Notice of MOTION for Attorney Fees Approving Contingent Attorney Agreement Under 42 U.S.C. section 406(b) filed by Kiernan Mills -- For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, Plaintiff's counsel 9;s motion for attorney's fees is granted. Accordingly, counsel is awarded $37,993.25 in attorney's fees, less a setoff of $7,321.00 for the amount previously received under the Equal Access to Justice Act, 28 U.S.C. §2412, for a net award of $30,672.25. This case previously was closed by court order. SO ORDERED by Chief Judge Dora Lizette Irizarry on 4/5/2019. (Irizarry, Dora) |
Filing 20 ORDER granting 13 Motion for Judgment on the Pleadings; denying 15 Motion for Judgment on the Pleadings AND REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS -- As an initial matter, since Nancy A. Berryhill became Acting Commissioner of Social Security on January 23, 2017, she has been substituted for the named defendant pursuant to Federal Rule of Civil Procedure 25(d). For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Plaintiff's motion for judgment on the plea dings is granted and the Commissioner's cross-motion for judgment on the pleadings is denied. Accordingly, the decision of the Commissioner is REVERSED, and this matter is REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C . § 405(g) for further administrative proceedings consistent with the Court's opinion. If Plaintiff's benefits remain denied, the Commissioner is directed to render a final decision within sixty (60) days of Plaintiff's appeal, i f any. See Butts v. Barnhart, 388 F.3d 377, 387 (2d Cir. 2004). The Clerk of the Court is directed to enter judgment in favor of plaintiff and to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/27/2017. (Irizarry, Dora) |
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Defendant: Acting Commissioner Carloyn W Colvin | |
Represented By: | Melanie Dyani Hendry |
Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
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Plaintiff: Kiernan Mills | |
Represented By: | Christopher James Bowes |
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